§ 1008.15 Facts subject to advisory opinions.
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Title 42—Public Health > CHAPTER V—OFFICE OF INSPECTOR GENERAL-HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES > SUBCHAPTER B—OIG AUTHORITIES > PART 1008—ADVISORY OPINIONS BY THE OIG > Subpart B—Preliminary Obligations and Responsibilities of the Requesting Party
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(a) The OIG will consider requests from a requesting party for advisory opinions regarding the application of specific facts to the subject matters set forth in § 1008.5(a) of this part. The facts must relate to an existing arrangement, or one which the requestor in good faith plans to undertake. The plans may be contingent upon receiving a favorable advisory opinion. The advisory opinion request should contain a complete description of the arrangement that the requestor is undertaking, or plans to undertake.
(b) Requests presenting a general question of interpretation, posing a hypothetical situation, or regarding the activities of third parties do not qualify as advisory opinion requests.
(c) An advisory opinion request will not be accepted, and/or an opinion will not be issued when—
(1) The request is not related to a named individual or entity; or
(2) An informed opinion cannot be made, or could be made only after extensive investigation, clinical study, testing, or collateral inquiry.
[62 FR 7357, Feb. 19, 1997, as amended at 63 FR 38324, July 16, 1998; 87 FR 1369, Jan. 11, 2022]
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